Monsanto Loses $2 Billion Judgment to Brazilian Farmers

By Subodh Varma, The Times of India

12 June 12

ive million Brazilian farmers have taken on US based biotech company Monsanto through a lawsuit demanding return of about 6.2 billion euros taken as royalties from them. The farmers are claiming that the powerful company has unfairly extracted these royalties from poor farmers because they were using seeds produced from crops grown from Monsanto’s genetically engineered seeds, reports Merco Press.

In April this year, a judge in the southern Brazilian state of Rio Grande do Sul, ruled in favor of the farmers and ordered Monsanto to return royalties paid since 2004 or a minimum of $2 billion. The ruling said that the business practices of seed multinational Monsanto violate the rules of the Brazilian Cultivars Act (No. 9.456/97).

Monsanto has appealed against the order and a federal court ruling on the case is now expected by 2014.

About 85% of Brazil’s massive soyabean crop output is produced from genetically engineered seeds. Brazil exports about $24.1 billion worth of soyabeans annually, more than a quarter of its total agri-exports.

Farmers say that they are using seeds produced many generations after the initial crops from the genetically modified Monsanto seeds were grown. Farmers claim that Monsanto unfairly collects exorbitant profits every year worldwide on royalties from “renewal” seed harvests. Renewal crops are those that have been planted using seed from the previous year’s harvest. Monsanto disagrees, demanding royalties from any crop generation produced from its genetically-engineered seed. Because the engineered seed is patented, Monsanto not only charges an initial royalty on the sale of the crop produced, but a continuing two per cent royalty on every subsequent crop, even if the farmer is using a later generation of seed.

The first transgenic soy seeds were illegally smuggled into Brazil from neighboring Argentina in 1998 and their use was banned and subject to prosecution until the last decade, according to the state-owned Brazilian Enterprise for Agricultural Research (EMBRAPA).The ban has since been lifted and now 85 percent of the country’s soybean crop (25 million hectares or 62 million acres) is genetically modified, Alexandre Cattelan, an EMBRAPA researcher told Merco Press. Brazil is the world’s second largest producer and exporter of soyabean. China is one of its biggest buyers.

“Monsanto gets paid when it sell the seeds. The law gives producers the right to multiply the seeds they buy and nowhere in the world is there a requirement to pay (again). Producers are in effect paying a private tax on production,” Jane Berwanger, lawyer for the farmers told the media agencies.

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"Monsanto has appealed against the order and a federal court ruling on the case is now expected by 2014."What part of this is related to justice? Two more years dragging this out to do what with the truth, exactly?A skull and crossbones with a POISON label is called for on GMO. And fluoride tap water, for that matter. Cellphones, 'smart' meters..

Dragging things out is what the legal community does when it has a highly charged case. Supposedly, it gives the adversaries time to cool down. It also gives the lawyers plenty of time to run up billable hours and to give the court plenty of time for THE people to forget it and move on to the next crisis du jour.

Bravo, Brazil! Hang on in there! The Monsanto you crush today will be the world's food you save tomorrow!

If all the countries and farmers Monsanto has screwed worldwide -and that includes it's army of highly paid and corrupt lawyers- could do similarly, we'd stand a chance of getting rid of 'em for good! That would be a good start AND an example for other earth-and-it's-inhabitants-raping multi-national corporations.

It would basically mean that We the People, would have to boycott any food item that has corn in it, which is probably 90% of processed products on the shelves. I know the United Kingdom and Germany, I believe, have told Monsanto to GET OUT. All of the UK'S and I think most of Europe's food HAS to be marked GMO on the lable, but not here in the U.S. Ask your politician, WHY NOT OURS?

Holder, just before his appointment, represented Chiquita in the terrorist inquiries in Columbia. There are no politician's who are going to stand up against any American corporation because if you go after one you have to go after them all and there goes all the money you make in the lobbyist game and from campaign contributions.NOTE: It was the Brazilian farmers that did this not the Brazilian politicians. It will be the people of America who make this happen not anyone in Washington.

What I still don't understand is how Monsanto can sue and win against farmers whose fields have been contaminated by windblown GMO seeds as "patent infringement".The goal of this monstrous corp. is nothing less than global control of the food supply. It should be destroyed.

Once upon a time, there were laws that demanded all big businesses could only exist for 40 years. After that, they had to close there doors and start again. There was great wisdom in these laws but the termites got into the works and "relaxed" (deregulated) this, and the results have been disastrous.

Not only has Monsanto deprived the Brazilians of their royalties, Monsanto also screwed India when it sold them rice seed that had only one growing season. Many Indians committed suicide over this.

And Monsanto was responsible in large part for the mass migration of Mexicans into this country because they also sold one-season-only corn seed into Mexico that destroyed their corn economy, put Mexico in the hands of Right-wing Conservatives and has had starving Mexican people dying in the desert trying to get into the US to work the lettuce and tomato fields for slave wages, no Social Security, no health benefits, no proper housing and all of the other laundry list of abuses that we all have come to know by rote.

Monsanto is also behind our US Patent office patenting living material; something the founders of this country strictly forbade when they set up the Patent Office, but Big Agra greased enough palms. This is a real danger. Stop and think about it; they have the right to patent human DNA. Think about that...

WestWinds, no argument from me, as I too watched Food, Inc.What boggles my mind is how any court, even faux judges with their ersatz Liberty U. etal. law degrees can hold the WIND as co-defendant with the hapless farmer. Corp.'s are not held liable for "acts of god"...unless they don't like what god did with the wind, I guess is the answer."Respect for the law" indeed.

What I still don't understand is how Monsanto can sue and win against farmers whose fields have been contaminated by windblown GMO seeds as "patent infringement".The goal of this monstrous corp. is nothing less than global control of the food supply. It should be destroyed.

Barbara,I think you do understand how they do it. You just don't understand how they get away with doing it, and you're right; it just seems so unfair. I think it's a generational thing also. Some of us remember when things were at least FAIR to some extent. Now it just seems totally UNFAIR, everywhere one turns.Lord Acton said that power tends to corrupt, and absolute power corrupts absolutely.Jefferson said that there should be a revolution every 33 years.Our nation is really very young as nations go, and we will naturally be subject to growing pains.The American experiment in participatory democracy has been going through a sort of 'mid-life' crisis for many years now. It sounds like we might have to scrape this 'experiment,' learn from it and start another experiment and hopefully not repeat the same mistakes. If we do repeat then we can rightfully be labeled INSANE! Insanity is defined as doing the same exact thing over and over again and expecting different results.BTW, Monsanto does not mean anything, but it is in fact the maiden name of the founder's wife. Check out Wikipedia...know thy enemy!

[quote name="Majikman"]What I still don't understand is how Monsanto can sue and win against farmers whose fields have been contaminated by windblown GMO seeds as "patent infringement".The goal of this monstrous corp. is nothing less than global control of the food supply. It should be destroyed.

Barbara,I think you do understand how they do it. You just don't understand how they get away with doing it, and you're right; it just seems so unfair. I think it's a generational thing also. Some of us remember when things were at least FAIR to some extent. Now it just seems totally UNFAIR, everywhere one turns.Lord Acton said that power tends to corrupt, and absolute power corrupts absolutely.Jefferson said that there should be a revolution every 33 years.Our nation is really very young as nations go, and we will naturally be subject to growing pains.The American experiment in participatory democracy has been going through a sort of 'mid-life' crisis for many years now. It sounds like we might have to scrape this 'experiment,' learn from it and start another experiment and hopefully not repeat the same mistakes. If we do repeat then we can rightfully be labeled INSANE! Insanity is defined as doing the same exact thing over and over again and expeof nongmo beans or other crop by cross polination court and not takeing resposiblty when they lower the value of other people nongmo crops cting monsanto is takeing many farmer to

For me, this is a mixed victory. On the one hand, I'm glad that a court has decided Monsanto does not have the right to continue charging farmers who bought their seed once for all subsequent plantings. Natural seed sellers don't get to do that. On the other hand, these farmers want to continue proliferating gmo soy in the world. I feel strongly that the presence of that crop in the world's soils and food markets is a hazard. I'd prefer that the Brazilian farmers choose to switch to natural seed AND not pay Monsanto royalties for offspring of seeds that they bought decades ago.

It's not that easy to use natural seeds, because if a Monsanto seed cross pollinates with a natural seed, then Monsanto will sue the farmer for copy write infringment, because he is using cross pollinated seed, even though it was Monsantos fault. Did I explain it O.K. ?

Copy write infringement...puh-leeze! Monsanto should be prosecuted and put in jail as bio-terrorists and enemies of the state both foreign and domestic. Monsanto is a criminal organization with evil on its mind 24/7 and We the People need to insist they be prohibited from practicing terrorism.

I agree Kathmoi. The Brazilian federal court will rule against them. Monsanto will do whatever it needs to defeat this lower court ruling. The farmers could just plant nonGMO soy. It seems they want their cake and they want to eat it too, as they say. This is just be a temporary victory sad to say.

I agree...Watch Food Inc. and you will see what Monsanto is doing to small farmers here in the U.S.I'ts basically the same as they are doing all over the world. When the pollen, from a neihboring Monsanto farm, blows across the field and cross pollinates the seeds of the small farmer, then Monsanto takes them to court for copywrite infringment and they WIN. Because the U.S. courts do nothing. One farmer tried to fight Monsanto, but when you have a barage of lawyers on hand, it is too costly for the small farmer to fight. This one farmer lost everything trying to fight them...his story is in FOOD,INC. I feel a petition needs to be developed for sending to the Justice Department demanding an investigation. GOOD FOR THE BRAZILIANS. It looks like all Governments are the same...I bet Monsanto paid off the Brazilian government so that they would lift the ban on the seeds and now look what they have started...what a mess. Our government is the same, except ours has never said a word about genetically engineered seeds, even though most Americans have petitioned against or have expressed their concerns. But I guess Monsanto has too many of our politicians in their pocket.

They win because the courts are crooked. We need to purge the court system of all these subversive judges; most of whom are graduates of Liberty Univ., Regents, Patrick Henry and Jay Sekulo's Center for Law (sic) and Justice (sic). These are Right-wing "law schools" with graduates who have been taught they are "soldiers of God"; which echoes the Jesus Camps. HA! and these same quacks have the temerity to criticize the Muslims!!!

They are killing people, bees, animals and engaging in extortion. They are a serious threat to the health, safety and welfare of everything and should be shut down ASAP! Legal poisoning and murder should not be legal for any entity!!!!

The fines should be far higher, at least 10 times the total amount they've gotten from the sales to make sure they stop doing it permanently. And they should be fined for corrupting the crops of farmers who didn't buy their product.

It was against the law until George W. Bush got into office. I believe it got changed under the so-called "Patriot Act". Lol, as if George W. or any of the other Bushes knew anything about patriotism...

Nothing can please the farmers more then this ruling and hopefully it shall not be overturned. People in general have no idea about Monsanto, it's directors, or what it does. Control of our foods - sooner if not later. Thank you for the publication - which one doesn't read in the normal newspapers. At least, I haven't seen it.

Yes, but they will not make anything happen in the court. Even if the Brazilian Supreme Court upholds the judgment, which is not likely, the NATO-owned World Court and Inter-American courts will say Monsanto does not have to pay, and the U.S. military will make sure the farmers never collect the judgment. What then?

My thought is after several years of growing, we might just loose a legitimate strain of soy beans, leaving farmers to not be able to grow from the evolved seed. Expand this to using other frankin seeds and having them evolve to worthless, we will eventually will not be able to grow enough food for all the humans on the earth. We've already practically destroyed the oceans from overfishing.

And now with Fukushima poisoning the Pacific with Cesium, eventually, we will lose that option for food as well. I think everyone needs to start collecting seed, and connecting with those who are already using open pollinated and heritage seeds. Most gardening is just common sense, and hard work.

Genetic modification of seed to protect against toxins that are intentionally set lose in the environment is an attack on bio-diversity and on the economy of any country. The Geneva Convention includes bans on chemical weapons. That Monsanto uses bamboozling propaganda on ignorant farmers in the US and the world instead of shells lobbed from cannon is irrelevant.JH Gordon

May every country, Farmers of USA continue spending Monsanto's money. I do not believe they will win everywhere but here

We have nothing to offer Brazil, we have spit in So America's face when it came to oil, trades. Nope I believe USA is going to learn it cannot step on everyone's feet. I hope the Farmers get Court date changed, and So America tells Monsanto where to go. Europe is already doing so. Now we must help Africa say NO before it starts....

The source of this problem is that it is allowed to patent life forms such as seeds and even bacteria and animals. Do you know that corps like Monsanto took native seeds from various countries and took out patents on them? So technically the people could no longer plant those seeds without paying royalties. When plants were hybridized they couldn't be patented but now genetic engineering has gone to a dangerous level. The solution is to not allow patents on living things. And anything genetically engineered must be labeled as such.

I don't know why everyone is so enthusiastic, except for the 2 billions going to somewhere in Brasil.Still, "about 85 percent of Brazil's massive soyabean crop output is produced from genetically engineered seeds." And poisoning the world! With or without royalties...

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